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PEOPLE v. ALLEN

Docket No. 3453.

220 Cal.App.2d 796 (1963)

34 Cal. Rptr. 106

THE PEOPLE, Plaintiff and Respondent, v. JAMES WILLIAM ALLEN et al., Defendants and Appellants.

Court of Appeals of California, Third District.

October 1, 1963.

Attorney(s) appearing for the Case

Bill Holden, under appointment by the District Court of Appeal, for Defendants and Appellants.

Stanley Mosk, Attorney General, Doris H. Maier, Assistant Attorney General, and John L. Giordano, Deputy Attorney General, for Plaintiff and Respondent.

FRIEDMAN, J.

On October 1, 1962, defendants were charged by information with attempted robbery and assault by means of force likely to produce great bodily injury. After several continuances trial was set for November 26. On that day the district attorney moved to dismiss the information in order to charge defendants with robbery. The district attorney did not attempt to amend the information or to file an amended information. Over defense objection, the dismissal...

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